Section 15.75 - Department Action(a) Coordination. (1) Upon the receipt of a complete application, the department will submit a copy of the application and request views and comments from the:(A) Department of Public Safety of the State of Texas;(B) Texas Commission on Environmental Quality;(C) Texas Historical Commission;(D) Department of Agriculture;(E) Texas Alcoholic Beverage Commission;(F) Texas Parks and Wildlife Department;(G) Office of the Governor;(H) any other state agency the department determines is appropriate considering the nature of the project; and(I) any entity which may be significantly affected by the project.(2) The department will also seek the advice of the local metropolitan planning organization, if any, as to whether the project will be consistent with the regional transportation plan.(3) The department will allow an agency or entity 20 days from the date the agency or entity receives a copy of the application for the submission of views and comments under this subsection.(b) Process and analysis of application.(1) The department reserves the right to return, or hold, pending corrections submitted by the applicant, an application that the department determines is not in full compliance with the requirements of § 15.74 of this subchapter (relating to Application). The department, when returning an application, will identify in writing all areas deemed to be deficient.(2) The department and the commission will not perform work to recast, redraw, calculate, construct, reconstruct, or otherwise produce any element of the preliminary study which is not adequately presented by the applicant.(3) The commission may consider missing, ambiguous, uncertain, or unclear elements in the financial feasibility study as tending to the conclusion that the project has substantial speculative elements in its financing and should not be approved.(4) The commission will consider the impact of a competing bridge, whether proposed, approved, or constructed. The commission will consider information provided by a competing bridge applicant only to the extent the competing bridge applicant timely submitted the information to the applicant under § 15.73 of this subchapter. The commission will consider any other information provided by the department.(c) Public hearing. If the department finds that the application meets the requirements of this section, it shall notify the applicant of its findings, forward a copy of the findings to the Office of the Governor, and shall conduct a public hearing to receive public comment on the project. A public hearing held by the department under this subsection shall be conducted by the executive director of the department or the director's designee in accordance with § 1.5 of this title (relating to Public Hearings). Any persons, including, but not limited to, official representatives of a county, municipality, metropolitan planning organization, or other governmental entity, and any individual, group, or association may provide comment.(d) Report to commission. Subsequent to the public hearing, the department will submit the application together with its findings and recommendations to the commission for appropriate action. The department will consider the views and comments received under subsection (a) of this section prior to making its findings and recommendations.43 Tex. Admin. Code § 15.75
The provisions of this §15.75 adopted to be effective December 26, 1995, 20 TexReg 10622; amended to be effective September 14, 2006, 31 TexReg 7575